Patricia Pearl - Small Claims Procedure - A Practical Guide


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  1. #1
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    Default Accessing Bank records of a dead person

    Not sure whether anyone can help on this forum at all! but thought i may as well try.

    I want to access my grandfathers bank records. He died 25 years ago. So for a start i am not even sure whether it is possible to access these records, as i know that medical records are normally only retained for a max of 10 years.

    He lived in the UK, however the bank records i want to access were held in Ireland.

    I need to access them in relation to sorting out my grand parents estate. when he died he did not make a willicon, and my uncle went to the bank the day he died and withdrew 14,000 from his account. He presented his bank book and forged his name!. I need these records as proof that the money was withdrawn on the day he died.

    Can anyone help? Is it possible to get access after so long. I dont know his account number or any of those details - but we know the branch - the date the money was withdrawn, his home address and the account holders name.
    If it is possible does anyone know the process??? Who to contact and so on.

    Thanks

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  2. #2
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    Default Re: Accessing Bank records of a dead person

    Hi Fridaysgirl,

    I really would not know where to start, but I guess the main problem you will have is the statute of limitationsicon and the fact that banks "claim" they destroy records after 6 years. I know that Natwesticon for example supposedly have my records for 12-15 years, but 25 years is a stretch.

    I would suggest a probateicon lawyer would be your best point of contact to start with. You may need to pay an initial consultation fee, but they should be able to guide you as they deal with estates etc...

    Hope that gives you something to start with. Others will hopefully have other ideas...

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  3. #3
    vortex
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    Default Re: Accessing Bank records of a dead person

    The estates department of the bank may well have some basic records for a long time after the actual account is closed. It may be very sketchy ie the date the account was finally closed and the amount of the account at closure, or even who the funds were released to. I would contact the bank in Ireland and ask and give the reasons as to why you would like the information including in it the date of death of your grandfather.


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    Default Re: Accessing Bank records of a dead person

    Yeah, I'd agree whilst the banks are a pain in the a**e at times, there is no harm in asking them up front and see what they say initially. You may have to go down others routes, but when they realise you aren't after your charges back they may be a bit more helpful

    As for locating the account number, there is a service to search for lost / dormant accounts etc that I used recently.....I shall see if I can locate the website.

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    Default Re: Accessing Bank records of a dead person

    If my post has been useful, tip my scales and let me know

    Always start with the User guide!
    Stuck with RBS charges? Click here!!

    RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

  6. #6
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    Default Re: Accessing Bank records of a dead person

    hi fridaysgirl

    right well I AM a probateicon lawyer so this in technically my area. It depends which relatives survived your grandfather as to who would have been entitled to his estate under what's called the intestacy provisions (for those who die without a willicon). If your grandmother was still alive, she would almost definitely have been entitled (can't say categorically without knowing the value of his estate). However, if your grandmother predeceased your grandfather, then his children would inherit. This means that, although your uncle obtained the cash fraudulently, if he was an only child then he woudl have got it eventually anyway if he'd done things properly, so you've nothing to gain from pursuing it. If he had siblings, then they would be the ones that woudl need to bring about any action.

    I fear it may be too late to take any action anyway. your uncle's lawyer would argue you should have started things off long ago, and the statute of limitationsicon would more than likely come into play. plus (as we know only too well on this site hehe) even if you win in court there's no guarantee any money would materialise (ie if he's skint, or at least convinced the court he was)

    sorry this is a bit doom and gloom. let me know if I can help at all

    becci x


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    Default Re: Accessing Bank records of a dead person

    25 years is a long time to find out 14 grand is missing


  8. #8
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    Default Re: Accessing Bank records of a dead person

    JC, i think the fact the uncle is alleged to have "forged" the signatureicon for the £14000.00 says it all. Complicated family problem.


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    Default Re: Accessing Bank records of a dead person

    I agree I'm just surprised it's taken so long to discover the 'theft' particularly as it's a fairly large sum


  10. #10
    vortex
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    Default Re: Accessing Bank records of a dead person

    that is a good point. Could fridaygirl explain a bit more about the circumstances and what has caused him/her to start investigating this so long after your grandfather's death?


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    Default Re: Accessing Bank records of a dead person

    i spent an hour responding to this and the fecking thing disappeared when i went to preview


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    Default Re: Accessing Bank records of a dead person

    rite
    quickly

    i'm trying to build up my knowledge base of waht happened with granparents estate
    grandmother died - made a willicon
    bequeaths her property to my dad and younger brother
    10 years before death - brother becomes co-owner of large part of the land and on her death full owner


  13. #13
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    Default Re: Accessing Bank records of a dead person

    grandmother - made will
    land she inherited on her husbands death (he died intestateicon) she left in all of her wills to dad and his bro each with a half.
    land she brought to marriageicon - she left to my dad and his brother or to my dad on his own - in all of her wills but the final will ...were suddenly it is left to the 2 sisters


  14. #14
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    Default Re: Accessing Bank records of a dead person

    she was in and out of mental institution since her husband died
    she had a psychiatrist...

    10 years before she died the brother became co-owner of husbands land full owner of her death....my dad never knew

    6 months before she dies the two sisters transfer ownership of land into their names - her dr advises the solicitor (who is only a new solicitor with a new firm - doesnt know anything about the family situaition) not to do this.. this is done in the presence of the 2 sisters and brother that inherited the share of the estate that she inherited from her husbands death.

    when her final will was made teh solicitor that made teh will stated that the same three people were present . my dad and his other brother never present.


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    Default Re: Accessing Bank records of a dead person

    You lat post leaves all kinds of unanswered questions not least that you last posted in Jan! 7 months ago

    I strongly advise that you see a skilled probateicon litigation solicitor


  16. #16
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    Default Re: Accessing Bank records of a dead person

    dr's records show she had dementia - she did that test mmse 3 times - and it showed she had dementia ....though not severe ...records state that she had anxiety , depression etcc... a consultant report states that it cannot say conclussively if she had mental capacity....
    we are awaiting the pyschiatric records - which has to date taken 7 months to get - still waiting...

    my grandmother did not know what she had to give away - if she knew teh land she inherited from her husbands estate was no longer hers to give away the minute she died - she would not have through over 15 willsicon leave my father 1/2 of a share of it .....i doubt she would even co-sign my uncle as owner if she understood what it meant.
    the solicitor did not check what she owned was hers to give away - so she was not informed when she made her will

    the solicitor should not have made the will in the presence of 3 siblings with 2 absent - especially when there was a major change to the will to the 2 sisters when it was all through a period of 15 years left to the 2 boys of my dad - especially when my dad who was previously the beneficaiay was not present - undue influence.....one of the daughters told her that she would drown herself if she didnt change the will because it benefited my father...of course my father was kept in the dark through out

    the daughters solicitor should never have signed her land away 6 months prior to her death - esepcially when she did not know the situation and the people that were benefiting were there - and the person was elderly - adn the dr advised against it

    my gran was in and out of a mental institution


  17. #17
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    Default Re: Accessing Bank records of a dead person

    Your post leaves more questions than answers not least the fact it's been 7 months since you last posted

    nevertheless I suggest you need to see a probateicon solicitor skilled in litigation


  18. #18
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    Default Re: Accessing Bank records of a dead person

    reason for not responding i didnt see the responses in my inbox i think i must have deleted them ....
    we have been with a solicitor and unfortunately he isnt great .....not probateicon expert ...but cannot change him as my father is receiving legal aid

    as it stands we are waiting on the psychiatric records ....the dr refused to send them otu to the solicitor even though we provided them with executor letter telling him to relase the records to teh solicitor ...he wanted my aunts signatureicon - but sure why would she give it -when she will not gain from it ....anyway by law he has to release them ...so i haev sent a letter to the head of the records department in the hospital asking them to release the records and inform me as to why they have not already been done especially since we have abided by there procedures....at one stage they informed the solicitor that her records could not be found....so this delayed it for a long time....


  19. #19
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    Default Re: Accessing Bank records of a dead person

    Mild dementia does not always discriminate against a testator if they can understand what they are doing at the time.

    The solicitor would usually & in private, question them about recent & the days events. They would/should also ask them if the know what they are signing & it's content & only after receiving satisfactory answers should the completion of the Will go ahead

    Did one or more of the beneficiaries witness it


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    Default Re: Accessing Bank records of a dead person

    PS you can change solicitors if you can find another legal aid franchise probateicon expert the certificate goes with you



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